POLITICS

Explainer: Canada’s Notwithstanding Clause

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What Is the Notwithstanding Clause?

The notwithstanding clause, formally known as Section 33 of the Canadian Charter of Rights and Freedoms, gives federal or provincial legislatures the power to temporarily override certain Charter rights. It applies specifically to fundamental freedoms, legal rights, and equality rights. When invoked, a law can operate “notwithstanding” those Charter protections for up to five years, after which the government must renew it if they want it to continue.

Why Was It Created?

The clause was added to the 1982 Constitution as part of a compromise to secure provincial agreement to the Charter. Its purpose is to maintain a balance between the judiciary and elected legislatures, ensuring courts do not have absolute final authority over all rights matters. In effect, it is a political safeguard that allows legislatures to assert supremacy in rare, exceptional cases where they believe public policy outweighs certain individual rights.

Why Does It Matter?

The notwithstanding clause reflects a uniquely Canadian approach to constitutional democracy. It acknowledges entrenched rights but also preserves the sovereignty of elected legislatures. While intended to be used sparingly, the clause remains a highly controversial tool because it raises important questions about:

  • the limits of rights under the Charter,
  • the role of the judiciary in interpreting laws,
  • and the accountability of governments that choose to override rights.

How Often Has It Been Used?

Although Section 33 has been part of the Constitution since 1982, it has been rarely invoked. When governments consider using it—often in high-profile or divisive cases—the decision sparks national debate about the balance between protecting rights and respecting legislative authority. Its very existence continues to shape Canada’s political and constitutional landscape.

The Debate Continues

For some, the clause is a necessary democratic safety valve. For others, it risks undermining the integrity of Charter rights by allowing governments to bypass protections too easily. As Canadian politics evolve, the notwithstanding clause remains one of the most contested features of the country’s constitutional framework.

 

LOCAL

Who Is Running in Your Riding for the 2026 BC Election?

Check the full list of official candidates who have filed nomination papers for Kamloops, Fraser-Nicola, Cariboo-Chilcotin, and Salmon Arm-Shuswap ridings.

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Candidates Confirmed Across Five Regional Ridings

Nomination papers have been officially submitted by individuals seeking election as local Members of the Legislative Assembly in the upcoming 2026 BC election.

In Kamloops Centre, voters will see a five-candidate field consisting of incumbent Peter Milobar for the BC Conservatives, Annelise Beach representing the BC Greens, Rocky McAfee for OneBC, Thaelo Proctor running as an Independent, and Mike Wisla representing the BC NDP.

To the north, the Kamloops-North Thompson constituency features incumbent Ward Stamer of the BC Conservatives, alongside Kory Clark running for the BC NDP and Deborah Friesen for OneBC.

Contests Set for Fraser-Nicola, Cariboo-Chilcotin, and Salmon Arm-Shuswap

In the Fraser-Nicola riding, incumbent Conservative Tony Luck faces challenges from Jason Leboe of the BC NDP and Patrick Mitchell of the BC Greens.

The Cariboo-Chilcotin ballot includes incumbent Lorne Doerkson running for the BC Conservatives, Kathryn Askew representing the BC NDP, and Douglas Gook representing the BC Greens.

Meanwhile, five candidates are contesting the Salmon Arm-Shuswap riding. Incumbent David Williams represents the BC Conservatives, joined on the ballot by Gloria Morgan for the BC NDP, Barbara Presch for OneBC, Denise Reimer for CentreBC, and Jed Wiebe for the BC Greens.

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BC STORIES

B.C. Voters Face October Election as Polls Show Shift in Party Support

Recent polls show the B.C. Conservatives leading the NDP ahead of the Oct. 24 election as voters focus on the cost of living and healthcare concerns.

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Voters Prioritize Cost of Living Over Tariff Concerns

As British Columbians prepare to cast their ballots on Oct. 24, recent survey data reveals that economic pressures are dominating voter concerns. In an Angus Reid Institute poll, 57 per cent of respondents identified the cost of living as a primary issue, while 42 per cent cited healthcare. Other concerns including drug addiction and homelessness also recorded slight increases among survey participants. Conversely, concern over U.S. President Donald Trump’s tariffs has decreased, with 10 per cent of respondents naming it a top issue compared to 15 per cent previously.

Polling Numbers Show Shift in Provincial Race

The reduced focus on tariffs comes after NDP Leader David Eby initiated a snap election to secure a mandate to address U.S. trade policies, despite having two years remaining in his term. A Mainstreet Research telephone survey found that 46 per cent of residents strongly disapprove of the early election call. That survey, conducted Sept. 30 to Oct. 1 among 827 residents with a margin of error of 3.4 per cent, showed Conservative support at 45 per cent, giving them an eight-point margin over the NDP.

An online survey by Angus Reid conducted Oct. 1 to 3 with 1,000 participants indicates Conservative support at 48 per cent—an increase of five percentage points—and NDP support at 43 per cent, reflecting a margin of error of three percentage points. While the NDP gained seven points since the previous Angus Reid poll, smaller parties lost ground, with the B.C. Greens receiving seven per cent support and other parties combining for two per cent.

Regional Breakdown Highlights Divided Support

Polling data indicates significant regional differences across the province. According to Angus Reid, Conservative backing is highest in the Fraser Valley at 62 per cent compared to 28 per cent for the NDP, and reaches 57 per cent in the Interior, where they hold a 21-point advantage over the NDP. The pattern shifts along the Coast and Vancouver Island, where the NDP leads with 48 per cent support compared to 39 per cent for the Conservatives.

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LOCAL

Why a Kelowna council candidate’s humorous signs are attracting international attention

Kelowna city council candidate Brady Rogers goes viral globally after American influencer shares his funny campaign sign, driving unexpected donations.

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Viral exposure sparks worldwide donations

An online post by American influencer Mandi Jung highlighting a Kelowna municipal campaign sign has triggered global attention and financial contributions. Jung shared an image of one of Brady Rogers’s 35 lawn signs with her 100,000 followers on X, calling it “the most millennial thing I have seen in my entire life.” The post garnered 147,000 likes, while an associated video reel amassed roughly 1.5 million views, driving unexpected international interest toward the local race.

“This last week especially has been pretty wild,” Rogers said. “It’s been very unexpected. Locally I’ve been getting attention, but then somebody in the states I guess found me and made a reel about my campaign and it’s I think had one and a half million views or something.”

Humour as a voter engagement strategy

The 33-year-old candidate, who operates a business 3D-printing household items from recycled plastic, turned to social media to launch his campaign. “I decided I wanted some signs and had some funny ideas, so I put it out on Instagram to raise some money and set up a campaign,” Rogers said.

His physical campaign signs state, “Brady Rogers for city council. Don’t worry, I’ll fix everything. Terms and conditions apply.” Readers scanning a QR code on the signs are directed to a website where Rogers openly states that he lacks qualification, lacks political expertise, and dislikes politics, before concluding, “Fine, I’ll do it.” Rogers explained that his lighthearted approach aims to capture public focus and motivate residents to participate in voting.

Policy proposals and local platform

Beyond the viral marketing, Rogers is focusing on city governance and community challenges. “Our city has a lot of good initiatives and good work being done on it. But I’m looking at how we can better integrate some of those initiatives and perhaps provide more unified leadership on it,” he stated.

His platform addresses specific business and resident concerns, particularly regarding street-level drug use. “There’s more the city can be doing to address the immediate concerns that businesses and residents have around things like open drug use. I’ve been looking into the idea of perhaps testing a zero-tolerance policy in Kelowna around open drug use. It’s not going to stop people from doing drugs, but I think it would mean a lot to businesses if we could at least push the drug use off the streets,” Rogers said.

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